This Terms of Service contains all of the terms and conditions between Harmani (formerly known as Harmani, LLC) and is hereinafter referred to as Harmani ("Harmani") and you and governs the use of the educational, technological, and e-publishing services(the “Services”) offered on the Harmani Web site, http://www.harmani.com/
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service which includes those terms and conditions expressly set out below and those incorporated by reference, before you are given the Services offered by the Site. By using any of the Services on the Site, you agree that (1) you have read this Terms of Service and understand all of its contents and (2) You accept all the terms and conditions in this Terms of Service. This Agreement is effective upon your accessing and using this Site. By doing so, you are hereby agreeing to be legally bound by the terms and conditions of this Terms of Service. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof and any subsequent use of the Site shall be governed by such amended terms. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Harmani provides unique Services on a prepaid basis. Harmani shall constantly strive to provide the best quality of services within the prescribed time, based on the client`s (student`s / parent`s / organization`s) request. In doing so Harmani shall be responsible for the following:
a) to honor all scheduled appointments;
b) to provide the best assistance possible;
c) to follow the TOS without prejudice; and
d) to follow professional conduct and behavior while services are being rendered.
No Child Left Behind Act:
Harmani’s online tutoring services are unique in that Harmani is approved as an official Commonwealth of Pennsylvania Supplemental Educational Services (“SES”) provider for Title One schools defined under, and subject to, the No Child Left Behind Act (NCLB), which was signed into law by President George W. Bush in January 2001.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as fees to an Internet service provider). In addition, you shall be solely responsible for all equipment necessary to access the Service. In addition, you agree to not use the Service to:
a) e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; You must be at least 18 years of age or receive written authorization by an adult to obtain access to the Service. If you provide any information that is untrue or inaccurate, Harmani has the right to suspend or terminate your current or future access to the Service. Harmani is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the Service must contact us first and provide written authorization to us to provide the Service to your child.
You are granted, subject to this Terms of Service, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of HARMANI's copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by HARMANI to do so.
If you are a parent/teacher, you agree to: (a) provide true, accurate, current and complete information about you as prompted by the Registration Page and the User Page, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, this Site has the right to terminate your account and refuse any and all current or future use of the Service.
HARMANI does not guarantee the accuracy or completeness of any information or content on this Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefullness of such content.
Access to some sections of this Site is restricted to those Users holding current, valid user identifications and passwords. You warrant that any such user identifications and passwords shall be kept in a safe and secure place. HARMANI may terminate access to you at any time for any reason without notice.
User identifications and passwords are personal and may not be shared or transferred by any User. User identifications and passwords must be kept confidential. It is important that you log off at the end of each session.
As a condition of your use of this Site, you warrant to HARMANI that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Service. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site.
In order to use this Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices.
CANCELLATION/TERMINATION OF SERVICE
HARMANI reserves the right, in its sole discretion, to cancel the Service for any of the following reasons:
a) failure by you to pay any outstanding past due balances, if any, or
b) failure by you to behave in a professional manner in the business relationship.
You agree that any termination of your access to this Site or any Services under any provision of this Terms of Service may be effected with or without prior notice, and acknowledge and agree that HARMANI may immediately deactivate or delete your user identification and password and all related information and files under your user identification and password and/or bar any further access to this Site or any Services. Further, you agree that HARMANI will not be liable to you or any third party for any termination of your access to this Site or any of the Services.
You may terminate the Service at any time subject to the Refund policies appearing below. To terminate, just send an email to customer service at firstname.lastname@example.org.
No refunds shall be issued with respect to any Services except for our tutoring support website, in which case, a refund will be issued only if you contact customer service via e-mail at email@example.com within twelve (12) hours of registering for the Service. After the twelve (12) hours, a refund may be issued with respect to our tutoring support website only upon authorization by Harmani’s CEO. Harmani’s CEO may be contacted at firstname.lastname@example.org.
LINKS TO OTHER SITES
INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by HARMANI, its affiliates or suppliers and are protected by U.S. and international copyright and other intellectual property laws and treaties. You do not have any right to reproduce, redistribute, modify or publish any part of this Site without the express written consent of HARMANI. You further agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks.
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
You are responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space, control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information.
HARMANI is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information.
You agree to defend, indemnify and hold harmless HARMANI and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Terms of Service by the you (or any parties who use your computer, with or without your permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use the your computer to access the Site, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the Site, with or without your permission) or (d) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.
Limitation of Warranties
By using our Services, you expressly understand and agree that:
EXCEPT AS EXPRESSLY STATED IN THIS TERMS OF SERVICE, THIS TERMS OF SERVICE EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE SERVICES WILL BE PROVIED ERROR-FREE; AND (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY HARMANI, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY.
Limitation of Liability
IN NO EVENT WILL HARMANI OR ANY PERSON OR ENTITY INVOLVED IN THE PROVISION OF THE SERVICES BE LIABLE FOR: (i) ANY DAMAGES CAUSED BY THE FAILURE BY YOU TO PROPERLY AND TIMELY PERFORM YOUR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES; OR (iii) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR BASED ON A WARRANTY, EVEN IF HARMANI OR ANY SUCH OTHER PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU BECOMES ENTITLED TO CLAIM DAMAGES FROM HARMANI (INCLUDING WITHOUT LIMITATION, FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT CLAIM), HARMANI WILL BE LIABLE ONLY FOR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS INCLUDING UNDER ANY INDEMNIFICATION OBLIGATION) THE TOTAL AMOUNT OF THE REGISTRATION FEES PAID BY YOU FOR THE SERVICES.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, HARMANI SHALL NOT BE HELD RESPONSIBLE FOR DAMAGES DUE TO ANY DELAY, INTERRUPTION IN SERVICES, OR FAILURE TO PERFORM ARISING OUT OF CAUSES BEYOND HARMANI’S REASONABLE CONTROL WHICH PREVENTS OR MAKES REASONABLY DIFFICULT HARMANI’S PERFORMANCE, PROVIDED PROMPT NOTICE OF SUCH CAUSES, EVENTS OR CIRCUMSTANCES IS GIVEN TO YOU. SUCH EVENTS MAY INCLUDE, BUT ARE NOT LIMITED TO, ACTS OF GOD OR A PUBLIC ENEMY, ACTS OF THE GOVERNMENT IN ITS SOVEREIGN OR CONTRACTUAL CAPACITY, EARTHQUAKE, FIRE, FLOODS, STRIKES, WORK STOPPAGES, ACCIDENTS OR DEGRADATION OR INTERRUPTION OF TELEPHONE OR OTHER COMMUNICATION SERVICE.
Limitations on Use
You agree and acknowledge that through you use of the Site, you shall have access to information which may be unsuitable or objectionable, especially for children under the age of eighteen (18) years old. You agree to supervise usage of the Site by any minors who use the Site. HARMANI is not responsible for access by any users, neither you nor minors, to objectionable or offensive information or data. You agree that use of the Site and the Internet, without limitation, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
You agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the Site are beyond HARMANI's control and are not in any way warranted or supported by HARMANI. You agree that HARMANI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. HARMANI is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data.
You understand and agree that HARMANI does not warrant the Site to be uninterrupted or error-free. You further understand and agree that HARMANI has no control over third party networks or sites that you may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of HARMANI.
You agree that HARMANI assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. HARMANI does not monitor or control such services, although it reserve the right to do so. HARMANI shall take any action that it deems appropriate, in its sole discretion, to maintain the high quality of the Site and to protect others and itself.
You acknowledge that HARMANI shall be the final decision maker of whether you have violated the Terms of Service in a manner that results in cancellation of Services.
CONTACTING THE WEBSITE
If you have any questions about this Terms of Service, the practices of HARMANI, or want to report any violations of this Terms of Service, you can email us at email@example.com.